On November 7th, U.S. Mike Johnson (R-LA), Speaker of the House, as well as U.S. Senators Bill Cassidy, M.D. (R-LA), Joe Manchin (D-WV), and Mitch McConnell (R-KY), Senate Minority Leader, introduced a Congressional Review Act (CRA) resolution to overturn the National Labor Relations Board’s (NLRB) new joint employer rule, which would radically expand the joint employer standard under the National Labor Relations Act (NLRA) by specifying that either indirect or reserved control, may stand alone as basis for finding a joint employer relationship.
The Congress may use the CRA to overturn final rules issued by federal agencies. Any member of Congress can introduce a joint resolution disapproving of a final rule. Congress has only 60 days of continuous session from the date a rule is submitted to use the procedure. A simple majority in both chambers is then needed to send the measure to the president’s desk. If vetoed, a two-thirds majority in both chambers is necessary to override; if signed into law or Congress overrides the veto, the rule is prohibited from either going into effect or continuing in effect.